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2004-199ORDNANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL 4 (NR-4) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 0.56 ACRE OF LAND LOCATED GENERALLY SOUTH OF MCKINNEY STREET AND APPROXIMATELY 900 FEET WEST OF LOOP 288 AND LEGALLY DESCRIBED AS A PORTION OF TRACT 66 OF THE M. YOACHUM SURVEY IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTiVE DATE. (Z04-0019) WHEREAS, Mitchell Planning Group, L.L.C. has applied for a change in zoning for approximately 0.56 acres of land particularly described in Exhibit "A" attached hereto and made a part hereof as Exhibit "A" (the "Property") from Neighborhood Residential 4 (NR-4) zoning district classification and use designation to Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation; and WHEREAS, on June 23, 2004, the Planning and Zoning Commission recommended approval of the requested change in zoning; and WHEREAS, the City Council finds that the change is consistent with the Comprehensive Plan; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The zoning district classification anduse designationofthe Propertyis hereby changed from Neighborhood Residential 4 (NR-4) zoning district classification and use designation to Neighborhood Residential Mixed Use (NRMU) zoning district classification and use. SECTION 2. The City's official zoning map is amended to show the change in zoning district classification. SECTION 3. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 4. Any person violating any provision of this ord'mance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 5. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED tkis the tY~ffff~day of ~~ ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY~TTORNEY PAGE 2 Exhibit A SURVEY pLAT TO ALL PARTIES INTERESTED IN PREMISES SURVEYED: This is to certify that I have, this date, mode a careful and accurate survey on the ground of the following described property: SURVEY PLAT TO ALL PARTIES INTERESTED IN PREMISES SURVEYED: TMs is to certify that I hove, this date, made o careful end accurate survey on the ground of the followlng described property: BEING oil that certain lot, tract or parcel of land sltuoted in the M. Yoochum Survey, Abstract No. 1442, in the City of Denton, Denton County, Texas, end being part of the 64.584 acre property described ~n Tract 1 conveyed to Londy Mulkey by deed recorded in County Clerks File Number 97-R0029089 of the Deed Records of Denton County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at o 5/8" iron rod set for corner ;n the South right of way llne of McKinney Street (Form Market No. 426, varloble width right of way), coiled 40 feet from the centerline at th~s point, some being the North llne of sold Londy Mulkey 64.584 acre tract, which is North 82' 20' 27" West at o dlstonce of ,351.58 feet from its Northeast corner, same now being the Northeast corner of Lot 1 in Block A of the Putt-Putt Golf Addition, an oddltlon to the City of Denton, Texas, according to the plot thereof recorded in Cabinet "H" at Slide 147 of the Plot Records of Denton County, Texas, so~d point of beginning also being the Northwest corner of Knollwood Villas, on odditlon to the City of Denton County, Texas, according to the plat thereof recorded ~n Cabinet "U" at SI;de 902 of the plot Records of Denton County, Texas; THENCE South 07' 40' 01" West (Basis of Bearings per plot recorded in Cabinet "U" et Slide 902 of the Plat Records of Denton County, Texas) and deporting the South right of way llne of said McKinney Street , and passing at a distance of 19.57 feet the Northwest corner of Lot 2 in Block A of said Knollwood Villas, and contlnu~ng along the West I;ne of said Lot 2 in Block A of Knollwood Villas for a total distance of 167.57 feet to o 5/" iron rod set for corner; THENCE North 82' 20' 27" West and departing the West line of sold Lot 2 for o distance of 145.00 feet to o 5/8" iron rod set for corner; THENCE North 07' 40' 02" East for o distance of 167.57 feet to an "X" set in concrete for corner ~n the South right of way line of said McKinney Street, said point also being South 82' 20' 27" East et o d~stonce of 200.18 feet from the Northwest corner of said Londy Mulkey 64.584 acre tract; THENCE South 82" 20' 27" East along the South line of said McK~nney Street and the North llne of said Londy Mulkey 64.584 acre tract for o distance of 145.00 feet to the POINT OF BEGINNING AND CONTAINING 0.5578 ACRES OF LAND, more or less. FLOOD NOTE: According to the Federal Emergency Management Agency - Federal Insurance Administration - Notlonol Flood Insurance Program - Flood Insurance Rote Mop - F.I.R.M. - for the City of Denton, Denton County, Texas - Community Panel No. 48121C0380 E, effective date April 02, 1997: the property shown hereon does not lle within an oreo of lO0-yeor flood. CERTIFICATION The plot hereon is o true, correct and accurate representotlon of the property os determined by survey, mode on the ground, this dote, subject to any and oll easements, reservotlons or restrictions that may by of record, the lines and dimensions of sold property being os indlcoted by the plot; the size, location and type of buildings and improvements ore os shown, oll improvements being within the boundaries of the property, set bock from the property lines the distances indicated and that the dlstonce from the nearest intersecting street or rood is os shown on said plot. There ore no encroachments, conflicts or protrusions, except es shown. PRELIMINARY: MAY 27, 2004 David Petree, RPLS Registered Professional Land Surveyor No. 1890